SURVEILLANCE DEVICES ACT 1998
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Application
- 4AA Authority required for some investigations
- 4A State police working for Australian Crime Commission
PART 2 -- Regulation of installation and use of surveillance devices
- 5 Regulation of use, installation and maintenance of listening devices
- 6 Regulation of use, installation and maintenance of optical surveillance devices
- 7 Regulation of use, installation and maintenance of tracking devices
- 8 Technical assistance
PART 3 -- Restriction on publication or communication of private conversations and activities
- 9 Prohibition of publication or communication of private conversations or activities
- 10 Admissibility in criminal proceedings of information inadvertently obtained
- 11 Presumption as to evidence obtained under warrant or emergency authorisation
PART 4 -- Warrants and emergency authorisations
Division 1 -- Judicial warrants
- 12 Interpretation of “court”
- 13 Warrants for use etc. of surveillance devices
- 14 Warrants for maintenance and retrieval of certain tracking devices
- 15 Applications for warrants
- 16 Radio/telephone applications for warrants
- 17 Warrants issued following radio/telephone applications
- 18 Restriction on further radio/telephone applications
- 18A Enhanced powers concerning surveillance devices
- 19 Extension of warrants
Division 2 -- Emergency authorisations
- 20 Emergency use of surveillance devices
- 21 Emergency authorisations
- 22 Retrieval of surveillance devices installed under emergency authorisations
Division 3 -- Confidentiality
PART 5 -- Use of surveillance devices in the public interest
Division 1 -- General
- 24 Interpretation
- 25 Unlawful act
Division 2 -- Use of listening devices and optical surveillance devices in the public interest
- 26 Use of listening devices in the public interest
- 27 Use of optical surveillance devices in the public interest
Division 3 -- Emergency use of listening devices and optical surveillance devices in the public interest
- 28 Emergency use of listening devices in the public interest
- 29 Emergency use of optical surveillance devices in the public interest
- 30 Report to a judge
Division 4 -- Publication or communication in the public interest
- 31 Order allowing publication or communication in the public interest
- 32 Application for a publication order
- 33 Confidentiality
PART 6 -- Offences and enforcement provisions
- 34 Possession of surveillance device for unlawful use
- 35 Unlawful removal or retrieval of surveillance device
- 36 Power to search
- 37 Report of finding surveillance device
- 38 Time limit for prosecutions
- 40 Forfeiture
PART 7 -- Miscellaneous
- 41 Dealing with records obtained by surveillance devices
- 42 Exemption from personal liability
- 43 Annual reports
- 43A Reports by Royal Commissions
- 44 Regulations
Other notes
Defined terms
